We are very pleased that you have shown an interest in our company. Data protection is of particularly high importance to the management of Berliner Bilder Galerie Christoph Falk. The use of the website of Berliner Bilder Galerie Christoph Falk is generally possible without providing any personal data. However, if a data subject wishes to use particular services offered by our company via our website, the processing of personal data may become necessary. Where the processing of personal data is necessary and there is no statutory basis for such processing, we generally obtain the consent of the data subject.
The processing of personal data, such as the name, address, email address or telephone number of a data subject, is always carried out in accordance with the General Data Protection Regulation and in compliance with the country-specific data protection provisions applicable to Berliner Bilder Galerie Christoph Falk. By means of this Privacy Policy, our company would like to inform the public about the nature, scope and purpose of the personal data we collect, use and process. Furthermore, this Privacy Policy informs data subjects of the rights to which they are entitled.
As the controller, Berliner Bilder Galerie Christoph Falk has implemented numerous technical and organisational measures to ensure the most complete protection possible of personal data processed through this website. Nevertheless, Internet-based data transmissions may, in principle, have security gaps, meaning that absolute protection cannot be guaranteed. For this reason, every data subject is free to provide personal data to us by alternative means, for example by telephone.
1. Definitions
The Privacy Policy of Berliner Bilder Galerie Christoph Falk is based on the terminology used by the European legislator when adopting the General Data Protection Regulation (GDPR). Our Privacy Policy is intended to be easy to read and understand for the public as well as for our customers and business partners. To ensure this, we would first like to explain the terminology used.
In this Privacy Policy, we use, among others, the following terms:
a) Personal data
Personal data means any information relating to an identified or identifiable natural person (hereinafter referred to as the “data subject”). An identifiable natural person is one who can be identified, directly or indirectly, in particular by reference to an identifier such as a name, an identification number, location data, an online identifier, or to one or more factors specific to the physical, physiological, genetic, mental, economic, cultural or social identity of that natural person.
b) Data subject
A data subject is any identified or identifiable natural person whose personal data is processed by the controller.
c) Processing
Processing means any operation or set of operations performed on personal data, whether or not by automated means, such as collection, recording, organisation, structuring, storage, adaptation or alteration, retrieval, consultation, use, disclosure by transmission, dissemination or otherwise making available, alignment or combination, restriction, erasure or destruction.
d) Restriction of processing
Restriction of processing means the marking of stored personal data with the aim of limiting its processing in the future.
e) Profiling
Profiling means any form of automated processing of personal data consisting of the use of such personal data to evaluate certain personal aspects relating to a natural person, in particular to analyse or predict aspects concerning that natural person’s work performance, economic situation, health, personal preferences, interests, reliability, behaviour, location or movements.
f) Pseudonymisation
Pseudonymisation means the processing of personal data in such a manner that the personal data can no longer be attributed to a specific data subject without the use of additional information, provided that such additional information is kept separately and is subject to technical and organisational measures ensuring that the personal data is not attributed to an identified or identifiable natural person.
g) Controller or controller responsible for processing
The controller or controller responsible for processing is the natural or legal person, public authority, agency or other body which, alone or jointly with others, determines the purposes and means of processing personal data. Where the purposes and means of such processing are determined by Union or Member State law, the controller or the specific criteria for its nomination may be provided for by Union or Member State law.
h) Processor
A processor is a natural or legal person, public authority, agency or other body that processes personal data on behalf of the controller.
i) Recipient
A recipient is a natural or legal person, public authority, agency or other body to which personal data is disclosed, whether or not it is a third party. However, public authorities that may receive personal data in the framework of a particular inquiry in accordance with Union or Member State law shall not be regarded as recipients.
j) Third party
A third party is a natural or legal person, public authority, agency or body other than the data subject, the controller, the processor and persons who, under the direct authority of the controller or processor, are authorised to process personal data.
k) Consent
Consent means any freely given, specific, informed and unambiguous indication of the data subject’s wishes by which the data subject, by a statement or by a clear affirmative action, signifies agreement to the processing of personal data relating to them.
2. Name and Address of the Controller
The controller within the meaning of the General Data Protection Regulation, other data protection laws applicable in the Member States of the European Union and other provisions of a data protection nature is:
Berliner Bilder Galerie Christoph Falk Kaiserdamm 5 14057 Berlin Germany Telephone: 030 – 30307640 Fax: 030 – 813 76 21 Email: kontakt@berlinerbildergalerie.de Website: www.berlinerbildergalerie.de
3. Collection of General Data and Information
Each time the website is accessed by a data subject or an automated system, the website of Berliner Bilder Galerie Christoph Falk collects a range of general data and information. This general data and information is stored in the server log files. The following may be collected: (1) the browser types and versions used, (2) the operating system used by the accessing system, (3) the website from which an accessing system reaches our website (the so-called referrer), (4) the subpages accessed on our website by an accessing system, (5) the date and time of access to the website, (6) an Internet Protocol address (IP address), (7) the Internet service provider of the accessing system and (8) other similar data and information used for the purpose of averting danger in the event of attacks on our information technology systems.
When using this general data and information, Berliner Bilder Galerie Christoph Falk does not draw any conclusions about the data subject. Rather, this information is required in order to (1) deliver the content of our website correctly, (2) optimise the content of our website and its advertising, (3) ensure the long-term functionality of our information technology systems and the technology of our website, and (4) provide law enforcement authorities with the information necessary for prosecution in the event of a cyberattack. Berliner Bilder Galerie Christoph Falk therefore evaluates this anonymously collected data and information statistically and also with the aim of increasing data protection and data security within our company, ultimately ensuring an optimum level of protection for the personal data we process. The anonymous data in the server log files is stored separately from all personal data provided by a data subject.
4. Routine Erasure and Blocking of Personal Data
The controller processes and stores the personal data of the data subject only for the period necessary to achieve the purpose of storage, or insofar as this is provided for by the European legislator or another legislator in laws or regulations to which the controller is subject.
If the purpose of storage ceases to apply or if a storage period prescribed by the European legislator or another competent legislator expires, the personal data is routinely blocked or erased in accordance with the statutory provisions.
5. Rights of the Data Subject
a) Right to confirmation
Every data subject has the right granted by the European legislator to obtain confirmation from the controller as to whether or not personal data concerning them is being processed. If a data subject wishes to exercise this right to confirmation, they may contact our data protection officer or another employee of the controller at any time.
b) Right of access
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller, at any time and free of charge, information about the personal data stored concerning them and a copy of that information. Furthermore, the European legislator has granted the data subject access to the following information:
– the purposes of the processing; – the categories of personal data concerned; – the recipients or categories of recipients to whom the personal data has been or will be disclosed, in particular recipients in third countries or international organisations; – where possible, the envisaged period for which the personal data will be stored or, if this is not possible, the criteria used to determine that period; – the existence of the right to request from the controller rectification or erasure of personal data concerning the data subject, restriction of processing, or the right to object to such processing; – the existence of the right to lodge a complaint with a supervisory authority; – where the personal data is not collected from the data subject, any available information as to its source; – the existence of automated decision-making, including profiling, referred to in Article 22(1) and (4) GDPR and, at least in those cases, meaningful information about the logic involved, as well as the significance and envisaged consequences of such processing for the data subject.
The data subject also has the right to obtain information as to whether personal data has been transferred to a third country or an international organisation. Where this is the case, the data subject also has the right to be informed of the appropriate safeguards relating to the transfer.
If a data subject wishes to exercise this right of access, they may contact our data protection officer or another employee of the controller at any time.
c) Right to rectification
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain, without undue delay, the rectification of inaccurate personal data concerning them. Taking into account the purposes of the processing, the data subject also has the right to have incomplete personal data completed, including by means of providing a supplementary statement.
If a data subject wishes to exercise this right to rectification, they may contact our data protection officer or another employee of the controller at any time.
d) Right to erasure (right to be forgotten)
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller the erasure of personal data concerning them without undue delay where one of the following grounds applies and insofar as the processing is not necessary:
– The personal data was collected or otherwise processed for purposes for which it is no longer necessary. – The data subject withdraws the consent on which the processing was based pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, and there is no other legal ground for the processing. – The data subject objects to the processing pursuant to Article 21(1) GDPR and there are no overriding legitimate grounds for the processing, or the data subject objects to the processing pursuant to Article 21(2) GDPR. – The personal data has been unlawfully processed. – The personal data must be erased for compliance with a legal obligation under Union or Member State law to which the controller is subject. – The personal data was collected in relation to the offer of information society services referred to in Article 8(1) GDPR.
Where one of the above-mentioned grounds applies and a data subject wishes to request the erasure of personal data stored by Berliner Bilder Galerie Christoph Falk, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of Berliner Bilder Galerie Christoph Falk or another employee will arrange for the erasure request to be complied with without undue delay.
Where Berliner Bilder Galerie Christoph Falk has made personal data public and our company, as the controller, is obliged pursuant to Article 17(1) GDPR to erase the personal data, Berliner Bilder Galerie Christoph Falk shall, taking account of available technology and the cost of implementation, take reasonable steps, including technical measures, to inform other controllers processing the published personal data that the data subject has requested those controllers to erase any links to, or copies or replications of, that personal data, insofar as the processing is not required. The data protection officer of Berliner Bilder Galerie Christoph Falk or another employee will arrange the necessary measures in each individual case.
e) Right to restriction of processing
Every data subject affected by the processing of personal data has the right granted by the European legislator to obtain from the controller restriction of processing where one of the following conditions applies:
– The accuracy of the personal data is contested by the data subject, for a period enabling the controller to verify the accuracy of the personal data. – The processing is unlawful and the data subject opposes the erasure of the personal data and requests the restriction of its use instead. – The controller no longer needs the personal data for the purposes of the processing, but the data subject requires it for the establishment, exercise or defence of legal claims. – The data subject has objected to processing pursuant to Article 21(1) GDPR and it has not yet been determined whether the legitimate grounds of the controller override those of the data subject.
Where one of the above conditions applies and a data subject wishes to request the restriction of personal data stored by Berliner Bilder Galerie Christoph Falk, they may contact our data protection officer or another employee of the controller at any time. The data protection officer of Berliner Bilder Galerie Christoph Falk or another employee will arrange for the restriction of processing.
f) Right to data portability
Every data subject affected by the processing of personal data has the right granted by the European legislator to receive the personal data concerning them, which they have provided to a controller, in a structured, commonly used and machine-readable format. They also have the right to transmit that data to another controller without hindrance from the controller to which the personal data was provided, where the processing is based on consent pursuant to Article 6(1)(a) GDPR or Article 9(2)(a) GDPR, or on a contract pursuant to Article 6(1)(b) GDPR, and the processing is carried out by automated means, provided that the processing is not necessary for the performance of a task carried out in the public interest or in the exercise of official authority vested in the controller.
Furthermore, in exercising the right to data portability pursuant to Article 20(1) GDPR, the data subject has the right to have personal data transmitted directly from one controller to another, where technically feasible and provided that this does not adversely affect the rights and freedoms of others.
To exercise the right to data portability, the data subject may contact the data protection officer appointed by Berliner Bilder Galerie Christoph Falk or another employee at any time.
g) Right to object
Every data subject affected by the processing of personal data has the right granted by the European legislator to object at any time, on grounds relating to their particular situation, to the processing of personal data concerning them based on Article 6(1)(e) or (f) GDPR. This also applies to profiling based on those provisions.
In the event of an objection, Berliner Bilder Galerie Christoph Falk shall no longer process the personal data unless we can demonstrate compelling legitimate grounds for the processing that override the interests, rights and freedoms of the data subject, or unless the processing serves the establishment, exercise or defence of legal claims.
Where Berliner Bilder Galerie Christoph Falk processes personal data for direct marketing purposes, the data subject has the right to object at any time to the processing of personal data for such marketing. This also applies to profiling to the extent that it is related to such direct marketing. Where the data subject objects to processing by Berliner Bilder Galerie Christoph Falk for direct marketing purposes, Berliner Bilder Galerie Christoph Falk shall no longer process the personal data for those purposes.
In addition, the data subject has the right, on grounds relating to their particular situation, to object to the processing of personal data concerning them by Berliner Bilder Galerie Christoph Falk for scientific or historical research purposes or statistical purposes pursuant to Article 89(1) GDPR, unless such processing is necessary for the performance of a task carried out for reasons of public interest.
To exercise the right to object, the data subject may directly contact the data protection officer of Berliner Bilder Galerie Christoph Falk or another employee. In the context of the use of information society services, and notwithstanding Directive 2002/58/EC, the data subject is also free to exercise the right to object by automated means using technical specifications.
h) Automated individual decision-making, including profiling
Every data subject affected by the processing of personal data has the right granted by the European legislator not to be subject to a decision based solely on automated processing, including profiling, which produces legal effects concerning them or similarly significantly affects them, provided that the decision (1) is not necessary for entering into or performing a contract between the data subject and the controller, (2) is not authorised by Union or Member State law to which the controller is subject and which also lays down suitable measures to safeguard the data subject’s rights and freedoms and legitimate interests, or (3) is not based on the data subject’s explicit consent.
Where the decision (1) is necessary for entering into or performing a contract between the data subject and the controller or (2) is based on the data subject’s explicit consent, Berliner Bilder Galerie Christoph Falk shall implement suitable measures to safeguard the data subject’s rights, freedoms and legitimate interests, including at least the right to obtain human intervention on the part of the controller, to express their point of view and to contest the decision.
If a data subject wishes to exercise rights concerning automated decisions, they may contact our data protection officer or another employee of the controller at any time.
i) Right to withdraw consent under data protection law
Every data subject affected by the processing of personal data has the right granted by the European legislator to withdraw consent to the processing of personal data at any time.
If a data subject wishes to exercise the right to withdraw consent, they may contact our data protection officer or another employee of the controller at any time.
6. Legal Basis for Processing
Article 6(1)(a) GDPR serves as the legal basis for processing operations for which our company obtains consent for a specific processing purpose. If the processing of personal data is necessary for the performance of a contract to which the data subject is party, as is the case, for example, with processing operations required for the delivery of goods or the provision of another service or consideration, the processing is based on Article 6(1)(b) GDPR. The same applies to processing operations necessary in order to take steps prior to entering into a contract, for example in cases of enquiries concerning our products or services.
Where our company is subject to a legal obligation requiring the processing of personal data, for example in order to fulfil tax obligations, the processing is based on Article 6(1)(c) GDPR. In rare cases, the processing of personal data may be necessary in order to protect the vital interests of the data subject or of another natural person. This would be the case, for example, if a visitor were injured on our premises and their name, age, health insurance details or other vital information then had to be disclosed to a doctor, hospital or other third party. In that case, the processing would be based on Article 6(1)(d) GDPR.
Finally, processing operations may be based on Article 6(1)(f) GDPR. Processing operations not covered by any of the aforementioned legal bases are based on this provision where processing is necessary for the purposes of the legitimate interests pursued by our company or by a third party, except where such interests are overridden by the interests or fundamental rights and freedoms of the data subject. Such processing operations are permitted in particular because they were specifically mentioned by the European legislator. In this regard, the legislator took the view that a legitimate interest could be assumed where the data subject is a customer of the controller (Recital 47, sentence 2 GDPR).
7. Legitimate Interests Pursued by the Controller or a Third Party
Where the processing of personal data is based on Article 6(1)(f) GDPR, our legitimate interest is the conduct of our business activities for the benefit of the well-being of all our employees and shareholders.
8. Period for Which Personal Data Is Stored
The criterion used to determine the period for which personal data is stored is the respective statutory retention period. Once that period expires, the corresponding data is routinely erased, provided that it is no longer required for the performance of a contract or for entering into a contract.
9. Statutory or Contractual Requirements for the Provision of Personal Data; Necessity for Entering into a Contract; Obligation of the Data Subject to Provide Personal Data; Possible Consequences of Failure to Provide Such Data
We inform you that the provision of personal data may in part be required by law (e.g. tax regulations) or may also result from contractual provisions (e.g. information about the contracting party). In some cases, it may be necessary for the conclusion of a contract that a data subject provide us with personal data that must subsequently be processed by us. For example, the data subject is required to provide us with personal data where our company enters into a contract with them. Failure to provide the personal data would mean that the contract with the data subject could not be concluded.
Before the data subject provides personal data, the data subject must contact our data protection officer. Our data protection officer will explain to the data subject, on a case-by-case basis, whether the provision of the personal data is required by law or by contract, or is necessary for the conclusion of the contract, whether there is an obligation to provide the personal data, and what the consequences of failing to provide the personal data would be.
10. Existence of Automated Decision-Making
As a responsible company, we do not use automated decision-making or profiling.
11. Plugins and Tools
OpenStreetMap
To display geographical data, we use the open-source mapping tool “OpenStreetMap” (OSM). OSM does not store any user data; appointment data is stored only on our servers. Further details can be found at:
http://wiki.openstreetmap.org/wiki/Legal_FAQ
Trustami Badge
In order to to display our collected reviews and social media feedback, the Trustami badge is incorporated into this web page. In considering our interests, this serves to realize an optimised marketing of our website and products according to art. 6 (1) 1 lit. f GDPR. Whenever a Trustami badge is displayed, the web server automatically stores a server log file (access data) which contains, the name of the visited website, the file, date and time of display, your reduced IP address, the transmitted data volume, the status of your request, the browser type, the operating system of the user, the referring URL (from the previous webpage) and the requesting provider. This access data will not be evaluated and will be automatically overwritten seven days after your visit to the page. The Trustami badge and connected services advertised are an offer of Trustami GmbH, Friedrich-Wilhelm Str. 68, 12103 Berlin.
For the processing of the data collected by Trustami, the privacy policy of Trustami is valid (www.trustami.com/datenschutz).
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This Privacy Policy is currently valid and was last updated in September 2022.
As a result of the further development of our website and the services offered through it, or due to changes in legal or regulatory requirements, it may become necessary to amend this Privacy Policy.